Beebe v. Block

Decided January 15, 1852

Supreme Court of Arkansas · decided 1852-01-15

The plaintiff instituted suit against the defendant on the 4th April, 1850, upon a bond dated 24th January, 1839, at 6 months, for $350 97. The defendant pleaded the statute of limitations, to which the plaintiff replied “a promise in writing” within five years; and to sustain the issue formed on this replication, read in evidence two letters from the defendant to the plaintiff.

Decided 1852-01-15

Mr. Justice Walken

¶1delivered the opinion of the Court.

¶2The only question presented by the record relates to the sufficiency of the written evidence to prove a new promise, such as would take the case out of the operation of the statute of limitation.

¶3The letters offered in evidence were not sufficient to prove an unqualified acknowledgment of the debt as a debt then due, or a promise to pay, such as is necessary to remove the statute bar, as laid down in the case of Brown v. State Bank, 5 Eng. R. 134, and several more recent adjudications of this Court.

¶4Let the judgment of the Circuit Court be reversed.